The criminal justice and law plays an important role and is an integral part of Vietnam's legal system in state of emergency. The paper is to identify those following issues: Firstly the role of criminal law and the reality of Vietnam's criminal law on state of emergency; Secondly the direction to complete Vietnam's criminal law meeting requirements of the state of emergency; Thirdly criminal proceedings against the case related to state of emergency. The approach to rights as well as the holistic approach in relation to the legal system of state of emergency is used to address those issues. Findings of the paper are supposed to contribute to ensuring the publicity and transparency of judicial justice In Vietnam.